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Judgment
Viju Abraham, J.
This is an application for regular bail.
The petitioners are accused Nos.1 and 2 in O.R. No.2/2022 (NDPS) of DRI Cochin Unit, alleging commission of offences punishable under Sections 23(c), 25, 28, 29 and 8(c) of the Narcotic Drugs and Psychotropic Substances Act.
The prosecution allegation is that, two Indian Boats named 'Little Jesus' bearing registration No. IND-TN-15-MM-5359 and 'prince' bearing registration No. IND-TN-15-MM-5487 were sailing from coast of Tamil Nadu and its presence was noticed by the India Coast Guards on radar on 18.5.2022 at position 090 58.90 N 0720 23.95E and intercepted the boats in the late hours of the above day of position 138 Chenyakara Lt 14 in Indian waters while those were moving towards India. On questioning, masters of both had confessed to have received narcotic drugs while those were in high sea and concealed the same inside the boats. Three white coloured plastic sacks were found inside the cold room on the port side of the upper side of the boat named 'Little Jesus' and six plastic sacks were found kept in the boat named 'Prince' and recovered from the same part of the boat as in 'Little Jesus'. The recovered substance vis. Heroin totally was weighing 217.525 Kgs and having total International value of Rs.1526 Crores approximately. Those were seized under the provisions of NDPS Act on a reasonable belief that an offence has been committed by the people in the boats.
The learned counsel for the petitioners submitted that the petitioners have been falsely implicated in the above said crime and that they are only the crew members of the boats. It is also submitted that they have absolutely no connection with the alleged transaction. It is further submitted that the petitioners are fishermen living below poverty line and that they are unaware of the contents of the sacks loaded while the boats were at high sea.
The learned Deputy Solicitor General appearing for the respondents seriously opposed the application for bail by filing a detailed objection mainly contending that 217.525 Kgs of Heroin was seized from two boats. It is also submitted that the investigation conducted so far revealed that the petitioner, Shri. Dison (A-1) took part in conspiracy with the other key masterminds at various locations. He travelled to Mumbai to meet the masterminds of the drug smuggling along with Shri. Arabath Ali (A-22), Shri. S Chrispen (A-21), and Shri. Faisal Rahman (A-23) and took part in conspiracy there. As part of the smuggling operation, he had purchased the boat "Prince" in his own name under a sale agreement by giving an amount of Rs. 24 lakhs in cash as advance and used the boat for the smuggling of huge quantity of Drugs. He also purchased a canoe from Mr.Sobhan and extra engine for the canoe by giving Rs. 5 lakhs. The amount has been arranged by the drug trafficking syndicate through hawala channel. He arranged other 19 crew members including his brother Jimson V, the 2nd Petitioner, for the operation. The Petitioners along with John Kannedy Keni (A-3) and P. Prasanth (A-4) sailed in the canoe and collected the Heroin from the foreign vessels. He communicated with the operators and persons in the foreign vessel to collect the contraband. He also handed over the foreign currency given by Chrispen as token for identification to the persons in the foreign vessel. It is further submitted that Shri. Jimson (A-2), the 2nd petitioner, took part in collection of the drugs from the foreign vessel at deep sea, along with his brother Dison V. (A-1) and took the drugs to the fishing boats. In his statement recorded under Section 67 of NDPS Act, Dison V (A-1) stated that he has informed Jimson (A-2), John Kennedy Keni (A-3) and P. Prasanth (A-4) that contraband is to be taken from deep sea and they will get good remuneration. It is further submitted that contrary to the contention made by the petitioners that they were unaware of the contents of the sack loaded while the boats were at high sea, the Heroin was recovered from the cold rooms where fishes are usually stored in both the boats and as such the allegation is completely baseless. The other accused in the case deposed that Accused Nos. A1 to A4, including the petitioners, were boarded in the small boat (dingy) and collected the contraband from the foreign vessel. In the statements recorded under Section 67 of the NDPS Act, 1985, the accused Nos. A-2 to A-4 including one of the petitioners (A-2) admitted that they were actively associated with one another in procuring the sacks containing contraband from the foreign boat under directions of accused A-1, one of the petitioners, knowing fully well that the contraband is heroin and that they had involved themselves for financial consideration. The petitioner (A-1) has also admitted the same in his statement recorded under Section 67 of the NDPS Act, 1985. It is further submitted that one of the petitioners, Shri. Jimson (A-2) is involved in crime numbers 240/2022 dated 05.10.2021 U/S 450, 380 r/w 511 of IPC, 241/2021 dated 12.10.2021 U/S 457, 380 of IPC and 242/2021 dated 12.10.2021 U/S 457, 380 of IPC registered under Nithiravilai Police Station, Tamil Nadu as reported by the Inspector of Police, Nithiravilai Police Station, Kanniyakumari, Tamil Nadu vide their letter dated 20.06.2022. It is also submitted that from the investigations conducted by DRI so far, it appears that an organized drug trafficking racket has been operated by Shri. Dison V (A-1), Shri. S Chrispen (A-21), Shri. Arabath Ali (A-22) and Shri. Faisal Rahman (A-23) by arranging boats and recruiting others for trafficking huge quantity of narcotic drugs in conspiracy with international drug trafficking syndicate. Accused A2 to A4, including the Petitioner, assisted Petitioner A-1 in collecting the contraband from the foreign vessel and taking it to their fishing boats by sailing in a small boat. Statements recorded from them during custody also evidence the same. Evidences collected so far indicate that the members of this gang had met several times prior to this operation to conspire regarding the execution. The learned Deputy Solicitor General further submitted that the investigation is going on and the contraband is of commercial quantity and therefore the petitioners should not be released on bail.
I have considered the bail application of the petitioner earlier and the same was rejected as per Annexure-A10 order. Since the contraband article being of commercial quantity, the rigor of Section 37 of the NDPS Act will come to play. No substantial contentions have been raised by the petitioners to get over the rigor of Section 37. Long period of custody cannot be a reason for granting of bail. I am of the opinion that the petitioners are not successful in establishing that their case will not come within the twin conditions in Section 37 of the NDPS Act. Considering the fact that the contraband is of commercial quantity and taking into consideration the serious objections raised by the learned Deputy Solicitor General, I am not inclined to grant bail to the petitioners.
Petitioners are in custody from 21.05.2022 onwards and charge sheet has already been filed. I have called for a report from the trial court concerned regarding the present stage of the case and within what time the trial of the case could be completed. It was reported that trial of three Sessions Cases included as time bound case are going on and the trial Judge is holding the additional charge of Additional District Court-V, Ernakulam, but submitted that the court shall take every endeavour to dispose of S.C.No.1140 of 2022 within six months from the date of framing charge. Therefore the bail application is disposed of directing the trial court to take every endeavour to dispose of S.C.No.1140 of 2022 at the earliest, at any rate, within a period of six months from the date of framing charge.
With the above direction, this bail application is disposed of.